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Australian Privacy Principles updated

Monday, April 13, 2015 - Posted by Philip Harvey

The APP's were recently updated. The changes that may affect you include:

Chapter B: Key Concepts

  • Clarified the circumstances in which small business operators are treated as organisations and therefore APP entities ([B.7])
  • Revised and expanded discussion about ‘carries on business in Australia’, a component of the test for whether an APP entity has an ‘Australian link’ ([B.13–B.21])Small clarifications to the discussion about ‘disclosure’, including the addition of a new footnote reference to an AAT decision ([B.64] and [B.68])
  • Updated discussion about ‘sensitive information’ to explain that information may be sensitive information where it clearly implies one of the matters listed in the definition of ‘sensitive information’ in s 6(1) ([B.139])

Chapter 8: APP 8 — Cross-border disclosure of personal information

  • Revised discussion of the circumstances where an APP entity may be taken to breach the APPs, when it provides personal information to an overseas contractor as a ‘use’, and the information is mishandled overseas ([8.15])
  • Revised and expanded discussion about the circumstances in which the ‘international agreement’ exception in APP 8.2(e) applies ([8.47]–[8.51]).

 

Chapter 11: APP 11 — Security of personal information

  • New reference to the OAIC Guide to Securing Personal Information (2015) [Key point 3, [11.10] and ([11.34])
  • Consolidation and amendment of discussion, about relevant considerations in taking ‘reasonable steps’, for consistency with OAIC Guide to Securing Personal Information (2015) ([11.7]–[11.10])
  • Small clarifications to examples of ‘loss’, ‘unauthorised access’, ‘unauthorised modification’ and ‘unauthorised disclosure’ including in footnotes ([11.15]–[11.21])

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